if you toll people in the 1800s to stop having babies, think where we'd be now? keep doing it. >> richard roth, cnn, new york. >> keep doing it. "cnn newsroom" continues right now with randi kaye. >> happy halloween. talk about your halloween fright -- even the zombies will be wearing parkas in the northeast tonight and the candles won't be for effect. herman cain says reports of skeletons in his closet are not true. we'll hear him live any moment now. we begin with the restaurant executive who went from herman who to a top-tier gop presidential hopeful, now haunted by reports that he subject two of his former female employees to inappropriate behavior. right now herman cain is about to speak at the national press club in washington where he's promised to "take all of the arrows" relating to a bombshell report on politico.com. politico says the incident in question took place while cain led the national restaurant

association in the late '90s. "these incidents include conversations allegedly filled with innuendo or personal questions of a sexually suggestive nature taking place at the hotel during conferences. there were physical gestures that were not overtly sexual but made women who experienced or witnessed them uncomfortable and that they regarded as improper. politico's lead reporter was a guest on cnn's "american morning." >> there are reports of both physical and verbal actions by mr. cain. he made physical gestures, also verbal comments that made these women feel uncomfortable, awkward and angry. and so much so actually that they complained to both colleagues and senior officials at the organization about their treatment and subsequently left the organization with five-yeca

payouts and non-disclosure agreements. >> cain publicly addressed this all for the first time 90 minutes ago in an interview on fox. >> i have never sexually harassed that. let's say that. secondly, i've never sexually harassed anyone, and, yes, i was falsely accused while i was at the national restaurant association and i say falsely because it turned out after the investigation to be baseless. the people close -- the people mentioned in that article were the ones who would be aware of any misdoings and they have attested to my integrity an my character. it is totally baseless and totally false. never have i committed any sort of sexual harassment. >> well, when cain starts talking, we'll listen in. in the meantime, joe johns is here to talk more about this. herman cain let these

allegations simmer for almost a day. now he's strongly denying them. where does the story go from here? >> you know, actually, if you believe some of the reporting that's out there, this may have simmered for about ten days. as i understand it, the reporting is the first time politico went to the cain campaign and asked them about it was ten days ago an now it is finally just getting public. all right, the first question is was there an investigation and did it information turn out to be baseless. just like he said in sound bite. well, a lot of people are going to continue to ask questions. among the questions, of course, is if it was so baseless, why was there a settlement? well, the quite natural answer will be, either something really happened or the people over the national restaurant association looked it from a dollars and cents point of view and said, look, we can get out of this with "x" amount of dollars or we can go into litigation which is very uncertain and very costly.

so you can sort of argue that both ways. the proof in the puddle i think, randi, is this talk of a non-disclosure agreement that somebody signed something that said they weren't going to speak. youically. now with herman cain out there running for president, if there is such a non-disclosure agreement, or agreements, why doesn't everybody just sort of consent to have all of this opened up so the public and the news media can look at it. that would be the next question. and he says he didn't engage in any sexual harassment. so, okay, what are the details? what did happen, if anything? >> right. he is calling this baseless and false. but today's denial, joe, a certainly a far cry from the no-comment that little bit -- let me play for you.

>> joe, that's almost painful to watch. the politico reporter asked him about four times, then he turned the question back on him. why not just flatly deny it then instead of waiting until today? >> reporter: well, what you want to know is what's out there already before you respond to it. we keep talking about whether or not there was sexual harassment. if you read between the lines of the politico article, there are very sort of specific assertions there and there are assertions about behavior by the candidate. he did certain things. he made suggestive statements or remarks or gestures or what have you. and now in other words, if you're going to say this person committed sexual harassment,

that's one thing. but did this person do certain things, engage in certain conduct. those are the kinds of questions we'd like to get at, and presumably the people who were involved in making these ases s assertions are the ones who would actually talk about it. the press club is one of those situations where they give the candidate or the person speaking a bunch of questions. that person has an opportunity to answer them. not necessarily all of them would be about this one particular topic. more likely he'll get two or three questions about it at tops and then move on to something else. we'll see what he says. >> no doubt it will come up, though, joe. let's listen in for just a moment an see if he addresses it early on. >> -- this club for 44 years and who has some special coincidences with men and my campaign. his name is mr. andrew price.

while chatting with mr. price as he was serving us at the head table, he was asked, how many presidents have you served? and he said, about eight. which means that i would be number nine. now some things you might call coincidental. i call it a good sign. about three weeks ago or two weeks ago we started hitting the top tier of those running for the republican nomination. and so for a couple of weeks now, i've gotten used to what it feels like to be near the top.

and as a result of today's big news story, i really know what it feels like to be number one. renewing america. we indeed need to renew america because america has become a nation of crises. we have an economic crisis, a national security crisis, we've got an energy crisis, a spending crisis, a foreign policy crisis, a moral crisis, and the biggest crisis we have is a severe deficiency of leadership, in my opinion, in the white house. and this is why i believe we need to renew america, by fixing

the stuff that's broken. there's a difference between a typical politician and a businessman. >> and that is herman cain addressing the national press club there in washington. joe johns, i know you're still with me. you heard it at the top, almost making light of the big news story of the day, as you kaeld it, these sexual harassment allegations against him from the '90s saying he knows what it feels like now to be number one, meaning number one at the top of the polling, at the top of the gop candidate list, at this point. what do you make of that. >> reporter: well, he's a very confident candidate and we see him again and again an again able to fine himself in a position and get out of the position which is a real skill for somebody who is in the top tier of those running for the nomination of his party. so he may very well be able to do pretty well with this because as i say, he's not going to get necessarily a whole questions about it. you've heard his denial that he did not engage in sexual

harassment. the other point you have to make is not only he says did he not engage in sexual harassment, he also says he wasn't aware of any settlement that may have been entered into by the national restaurant association and he hopes that there wasn't a very big settlement, because, in his view, it was all negligible, it didn't happen anyway. so that's his story and i expect to hear him say the very same thing right there at the national press club today. he's a quality candidate and he's been running a pretty good race even though he has very little organization and he's been able to get himself out of tight spots before, randi. we'll see. >> we certainly will. well, let's leave this for just a moment. we're going to continue to monitor it for you. when the q&a session begins, i'm sure herman cain will be asked about these allegations and we'll bring that to you live. the latest, an october surprise snowstorm. more than 2 million people in at

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you never hear anybody dreaming after white halloween and now we know why. a freak october snowstorm dumped at least a foot of snow from west virginia to maine. as we speak, more than 2 million homes and businesses don't have power, and may not have it for days. the storm is blamed for at least eight deaths and states of emergency are in effect for knock, new york, new jersey, massachusetts and connecticut. several towns in massachusetts say it is just too dangerous to trick-or-treat, even for monsters. >> we're postponing it. we here in worcester are still a hearty bunch, battle hardened and seasons to snowstorms. we're kicking this one in the pants, as expected. but public safety always is our priority so we're pushing it off until thursday night for our children and our parents to get out there and trick-or-treating. we don't want them to be competing with snow piles, brush that's down, as well as power out animals. streets are dark, porches aren't lit. all that leads to concerns as to their safety and certainly

doesn't take a holiday. these few extra days are going to be critical for us. >> cnn meteorologist chad meyers is in southeastern pennsylvania. chad, looking there behind you, i don't see much snow. what's the situation there? >> reporter: no, we were done yesterday really. we were the first ones to get the snow and the first ones yesterday to get the sunshine to melt it. it was never going to be a very long term event. when it warms up to 50 degrees the snow literally goes away. i want to take you over to a couple trees over here. mother nature's way of trimming. pruning. those limbs were just bending on those power lines yesterday. not well pruned, not well trimmed back by the power company. i noticed that a lot around here. many limbs right now are benning over the power lines. didn't break them off in most spots here. but if you get farther up to the north, millions of power lines literally were being bent over by limbs being held down by the snow. this was very heavy snow. don't get me wrong, this was the

heaviest snow we've seen. probably only seven inches of snow compared to one inch of water. typically in a summer where a cold snow, probably ten inches of snow to one inch of water. when you pick this snow up you knew that it had a lot of moisture in it. the leave were bending, leave were bringing down the power lines and they came down left an right here even here in north pennsylvania. farther to the north it was even worse. we got eight inches of snow. i'm seeing some spots say 30 inches of snow across the beshg shirs an up into vermont or new hampshire. yesterday it was the storm of the century. remember that one where -- the perfect storm, it ran on up and the andrea gail sunk? there was a movie brought about by it. this, though not a surprise because we certainly forecast it, you woke up and go, wow, i

didn't think this was possible. >> my sister's been trapped in her home with four kids playing monopoly for the past four days. i think she'll be happy to see the snow melt. thank you, chad. what if your hospital can't get the life saving medicine that you need? a serious shortage of nearly 200 crucial drugs and what the president just did to deal with the crisis. quaker oatmeal is a super grain. ♪ it gives me warmth. ♪ [ boy ] it gives me energy to help me be my best. quaker oatmeal has whole grains for heart health. and it has fiber that helps fill me up. ♪ [ male announcer ] great days start with quaker oatmeal. energy. fiber. heart health. quaker oatmeal. a super grain breakfast. energy. fiber. heart health.

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imagine you go to the hospital for an infection, chemotherapy or surgery and the doctors tell you they'll have to switch your drugs, delay your treatment or worse, they just don't have the drug that you need. that is the reality for some patients right now. in an "undercovered" story that we wanted to bring to your attention, the country is in the

midst of a crisis, a serious shortage of important drugs that is, quite frankly, troubling and it is why president obama signed an executive order less than an hour ago that is meant to address the drug shortage and the possibility of price gouging. a white house official says the order directs the food and drug administration to take action. according to the fda, there is a shortage of nearly 200 drugs. we are talking about crucial drugs used to treat childhood leukemia and other types of cancer, antibiotics, medication to treat high blood pressure an anesthetics used by patients undergoing surgery. that's just the start. the fda's commissioner, dr. margaret hamburg joins us from inside the white house there. drk to doctor, this is a complicated issue that could take years to resolve. how much will the president's executive order really help? >> well, the president's executive order really enables

us to strengthen and extend the activity that we're involved in that we know make a difference. you mensed that the number of drug shortages has increased in recent years and that is true and very troubling. but the good news is that when we get information early about a possible drug shortage, we can work with the industry, with the companies that are making those drugs, and help to prevent a short animal or lessen the time of shortage. this last year alone we've been able to prevent about 99 drug shortages of critical drugs. so this is an important effort to put a spotlight on why this issue matters for patients, for their families, an for health care system and to give us some of what we need to really make a difference. >> the executive order instructs the fda to do a number of key things. what stance ods out to you? >> one of the things he's asking us to do and we actually did

this morning, is to send a letter to all drug manufacturers to remind them of their legal responsibilities to report drugs -- shortages or discontinuations of the manufacture of drugs under learn simted circumstances, but importantly to encourage them to now voluntarily report to us when they have reason to believe that a drug shortage might occur. the earlier that we know, the more closely we can work with them. the sooner we can get involved and we can make a difference, we can prevent short animals from happening when we get that early warning. not in every instance, and ultimately the solution to the problem will involve working closely with industry to get new manufacturing capacity up and going in many instances. but that's going to be key. >> anyone who might be watching who is facing a drug shortage or needs a drug to survive, whatever it is they're dealing with, they're probably wondering

realistically how long is this going to take? how quickly can this all be implemented? do you have an answer for them? >> it is important for the public to realize even though this drug shortage problem is very, very important, it does involve a very limited number of drugs. i think at present we know of about 84 active shortages. we're working every day and new drugs come back into availability and other drugs may go on shortage. but it is limited. it is mainly what are called sterile injectable drugs. but i think that for patients an their families, this is obviously a issue of huge concern and for the health care community who want to be able to assure their patients that they can give them what they need. and that's why it is so important that today we are really focusing on the importance of this issue and examining all the factors that can make a difference in what can be done to get us toward our

goal in making sure that every american has the drugs that they need when they need them. >> well, as we say, we think this is an "undercovered" issue an we'll continue to watch it and maybe have you back an see what kind of progress has been made. thank you. he is the defense team's key witness but can he drive home conrad murray's nbc when he's up against the prosecution? the latest from the michael jackson death trial. but first, on halloween in 1926, a legendary arary act com an end. harry houdini dies. some claim he was poisoned while others claim he was punched in the stomach. one thing is for sure, houdini died of a ruptured appendix. now that's "this shame in history."

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as we promised at the top of the show, we've been monitoring the comments by herman cain, the gop presidential candidate, facing allegations of sexual harassment. let's listen to him at the press club. >> we're not going to chase anonymous sources. when there's no basis for the accusation. i would draw your attention to the three people mentioned near the end of the article that were at the restaurant association as past chairman, chairman, and incoming chairman of the board, who would have known about this if it had had turned out in fact to be a charge with some validity. but it was not. and so as a result, i have never

sexually harassed anyone, and those accusations are totally false. >> so would it be fair to say that you're asking the restaurant association to help you further shoot this down to the extent that they might have further records, if indeed there was or there weren't -- obviously they can look at their records, it might have affected their insurance, they might have had to book such a payment. will you be getting back to us in the coming days to verify or shoot it down entirely? >> mark, no, there's nothing to shoot down. and secondly, the policies of the restaurant association is not to divulge that information. and so unless they have changed their policies. remember, with i was the chairman of the board so as far as we are concern, enough said about the issue. there's nothing else there to dig up. >> do you think that one of your rivals might have helped to put this out there? >> i told you this bull's-eye on

my back has gotten bigger. i have no idea. we have no idea the source of this witch hunt. which is really what it is. we have no idea. we've been busy trying to get my message out. >> well, i would say that perhaps if you work aggressively to affirm or deny in the coming days, can you move on to that. obviously we had to deal with this issue today. we appreciate your willingness to answer the questions here at the podium. another issue that is out there that people have been asking about in recent days is this abortion issue. you clarified that to a degree yesterday with bob schieffer. however, in an earlier interview, you seemed to indicate that there might be exceptions where abortion should be allowed. so you have seemed to have vacillated on this a little bit in the last few weeks. so under what circumstances would an exception be allowed to an outright ban, and have you only come to this conclusion in

recent weeks which has led to this apparent change and direction the way you've been commenting. >> let me state what i stated. because part of an interview that i did was taken out of context. i am pro-life from conception, period. i have been that way for many, many years. i have not changed. and i don't plan to change. i've been consistent. in that one interview the reporter tried to pigeon-hole me on a specific case involving a hypothetical situation. what if it were my granddaughter. and they took that piece out of context as i was trying to explain it to come to the erroneous conclusion that i suzanne malveaux am something other than pro-life from conception, end of story. >> okay. so how far are you willing to

stand behind that feeling that you have, that -- that abortion should not be allowed? would you back legislation to outlaw it? >> yes, i would. >> and there would be no exceptions allowed -- would that be the federal and state level? >> can't determine the state level but i would support that at the federal level. if that legislation were to come to my desk. >> and then what about in choosing supreme court nominees. would you allow that to be an issue that would help you to vet a would-en nominee? >> i will recommend the appointment of supreme court justices that, first of all, have a record of enforcing the constitution of the united states of america. i want constitutionalists. there will be no litmus test. we need people that will enforce the constitution and those are

the kind of people that i would appoint. >> there you have it, herman cain answering some questions about his thoughts and position on abortion. but just before that, he did respond to the allegations against him from the 1990s, a politico report coming out today of sexual harassment saying -- telling the national press club there i have never sexually harassed anyone and those allegations are totally false. that is what herman cain is accused of, as we mentioned. cot past take down this gop top dog? we'll find out an discuss it all in "fair game" next. but first, our political junkie question of the day. since 1900, how many presidents have been elected while holding no political office at the time of the election? the answer straight ahead. just one phillips' colon health probiotic cap a day

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before the break we asked you how many presidents since 1900 were elected while hold nothing political office at the time of the election? here is your answer -- three. ronald reagan, richard nixon, and dwight d. eisenhower. time now to go beyond partisan talking points to the heart of the political debate where all sides are "fair game." earlier we talked about sexual harassment allegations against herman cain in the '90s. after a day of talking around the edges, cain finally met it head-on just moments ago at the national press club. >> in all of my over 40 years of

business experience, running businesses and corporations, i have never sexually harassed anyone. number two. while at the restaurant association, i was accused of sexual harassment, falsely accused, i might add. i was falsely accused of sexual harassment. an when the charges were brought, as the leader of the organization, i recused myself and allowed my general counsel and my human resource officer to deal with the situation. and it was concluded after a thorough investigation that it had no basis. as far as a settlement, i am unaware of any sort of settlement. i hope it wasn't for much because i didn't do anything. >> all right, so let's talk about this with cnn contributor

will cain an democratic political consultant ed espinoza. guys, let me read you a little bit more from what herman cain today. "as far as we're concern, enough has been said about the issue. there is nothing else there to dig up." will, let me start with you. is it a non-issue now? >> well, assuming he is correct, yeah. assuming the allegations are baseless and no further information comes out refuting that, then yeah, he's in a strong position. >> ed, what do you think? >> unfortunately, things like this in politics tend to not go away very easily. the problem cain has isn't necessarily what happened, because we don't know exactly what happened. but we do know what his initial response was, which is different than the response this morning. and him kind of pushing it off and brushing it aside creates doubt. the problem is in politics, when you have candidates who you don't know very well on the national scene, this paints a picture of how we perceive them. perception becomes reality.

now if you can create a reality that defends against that, then will's right, it could go away. but otherwise, it remains to be seen what will happen. >> will, whether it comes to voters, do they remember the allegations or do they remember the denial more? >> they remember the allegations. i agree with ed in that respect. that's something to lament, not something necessarily i want to completely strategize about. now we end up with the question of "should." these unsourced allegations said things that herman cain made offensive statements. i'm sure i could offend and will offend half the audience in the next 30 seconds that they had innuendo and he made physical gestures that weren't overtly sexual. i point is i don't know what any of that means. but do i know that people will remember there were sexual allegations made against herman cain, and that accusation is completely powerful. we remember that today about clarence thomas. dominique strauss-khan will never be president of france because of that accusation. we tlefr should be treating

these very carefully. >> also the word settlement, ed. that sticks in voters' mirnd, doesn't it? >> yeah, it does. will is right, the court of public opinion is not the same as the court of law. the court of public opinion we're all lawyers, we're all judges and people read those things differently. so when it comes down to whether or not we should weigh this, it is sometimes hard to shed these things. as far as them being anonymous sources, this is a sensitive subject. there's some -- the legalities may now allow certain people to talk on the record. but, ultimately what it comes down to, if people are generally uncomfortable when money is exchanged to make a problem go away. rightly or wrongly. that's just kind of how it sits. >> ed espinoza, will cain, thank you very much for weighing in. he's the defense team's key witness but can he drive home conrad murray's innocence when

he's up against the prosecution? the latest from the michael jackson death trial.

prosecution lawyers here in los angeles are cross examining a key defense expert today in the involuntary manslaughter trial of dr. conrad murray. dr. paul white suggested that michael jackson himself may have administered the drugs that killed him. today prosecutors tried to raise questions about dr. white's credibility. >> is it your testimony under oath that the only compensation you're going to receive in total for your time put in this case is $11,000? >> i hope i receive some compensation for all the time i spent in the courtroom. >> joining me now from new york, journalist and author diane dimond. diane, i know you've been following this along with us. what about dr. white's testimony? does it raise reasonable doubts about who actually administered the fatal dose of drugs to

michael jackson? >> i thought last friday his testimony wasn't the best shot they had. he told this jury that the little bit of propofol i believe dr. murray gave him was not enough to kill him. it was all that lorazepam that michael jackson had in his system. murray didn't give it to him, so michael jackson, he said, i believe took it himself. >> but even if michael jackson did do that to himself in the 20 or 30 seconds that dr. white says it all went down, even if he gave himself the fatal overdose, doesn't exactly let conrad murray off the hook, does it? >> no. that's such a great question, randi. because why was that lorazepam in that home in the first place? why was the propofol there? and the midazolam, all of these drugs that conrad murray ordered. we saw the pharmacy statements on it from a pharmacy in las vegas. none of those drugs should have ever been in a private home in the first place and dr. murray

put them there. >> the prosecutor david walgren on cross today actually asked dr. white have you administered propofol in someone's bedroom? he said, no. he said have you ever heard of it prior to this case? he said i have not. to some extent, diane, isn't michael jackson on trial here himself? >> he really is. that's the best defense for the defense. it is look at this man, he had years an years making decades of drug abuse, look what he did to himself, look how hard he drove himself. he went to another doctor, dr. arnold klein an got hooked on demerol. that was in their hoping statement. so even a few of the jurors if they have people in their families or know people who are addicted to substances, they know that grip of addiction and they might say, you know what? it was michael jackson's own fault that he got himself in that position. >> i know you wrote extensively about michael jackson, certainly related to in your book related to his battles and the child

molestation charges against him. one of the things that you wrote in your book the very last line is that it is up to him what his life becomes for this point forward. were you at all surprised that michael jackson ended up this way? >> i write a syndicated column every week an i wrote right after his death that i knew i would be writing his obituary. because i'd studied this man since 1993. i know his psyche well enough to know that he was not going to come to a good end. he was anorexic. he took too many drugs. in my opinion he carved his face up to near disfigurement and he was not a man who took care of himself and i am of the mind that everyone has personal responsibility. you can't be a professional victim always. and it did not surprise me that it ended this way. it surprised me though, randi, that he died so young. >> yeah. so much drama in his life and so much drama now in trying to figure out how his life ended.

diane dimond, appreciate your time. thank you so much. >> thank you. the occupy wall street movement has some people seeing change while others are seeing dollar signs. >> would trademarking occupy go against the demonstrators message? a report on the occupy trademark next. call it a little bit bittersweet taste of halloween. wile you may be watching out are the witches and globulins. eating just two ounces of black licorice a day for two weeks could land you in the hospital with heart problems. yes! this is a classic. but black licorice, your 15 minutes rup. you're out of the candy jar. [ dr. banholzer ] every once in awhile

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well, they said it wouldn't last. this just in -- they were right. kim kardashian is file for divorce from her brand new had husband kris humphries. and by "brand new," i mean 72 days. they wed in a ceremony that was rumored to cost $10 million. it's also rumored, not confirmed, that the cake isn't even stale yet. kim filed the papers this morning citing irreconcilable differences. the star-crossed couples, we understand, did have prenup. now to something far more serious, cnn "in depth" this week, we're taking a closer look at the occupy movement from raleigh and richmond to seattle and salt lake, demonstrations that started in new york are in cities and towns all across the country. this has led to tense moments between protestors and police. take a look, this is the scene

in austin, texas. 38 protestors were arrested, the felon straighters were asked to leave and take down food tables but they refused. in portland, oregon, two dozen were arrested when they wouldn't leave a city park. police say they were trespassing. in denver, it got pretty ugly there over the weekend. police in denver used pepper spray and rubber bullets. they say it was necessary because protestors got aggressive. many were arrested. every day on this show we call out someone who we think has, yes, screwed p up. so i'd like you to meet justina jensen. she is in trouble with the law,

not because she has attended an offshoot of the protesting wall street movement but she attempted to prostitute a young woman she met there. after meeting the girl, jensen allegedly used the internet to afternoon a meeting twin the 16-year-old and a man who turned out to be a police officer. the teen's mother reported her missing and told police her photograph had been posted on a web site advertising adult party entertainment. well, an undercover officer calling himself "mad mike "negotiating a price of 150 bucks for the 16-year-old and jensen gave had him her home address. brilliant, isn't she? the missing teen was reportedly found upstairs. jensen is charged with felony prostitution and resisting arrest. seems like the only thing you're going to occupy for a while is a jail cell. it is time for you, justina jensen, to "face the music" ♪

on a highway to hell ♪ ♪ highway to hell

so if i said you have $4.50 a day for food or about $1.50 for every meal that you eat, what would you say? we can already hear you, and your stomachs are grumbling. that's awhat 45 million americans have to live off on food stamps. think about that, could you live

off of this? some in d.c. are going to try. nearly a dozen democrats in the house are living off a food stamp budget for one week as part of a food stamp challenge. marcia fudge is one of them. the fact is, some in congress are considering deep cuts to the $64 billion federal program. clearly you and the other congressmen and women doing this are trying to make a point. what are you trying to prove here? >> we're trying to prove a number of things. certainly we want to prove that that is not a good cut to make because we do not believe that the poor and hungry families and children are the problem with our financial situation in this country. and we do not want them to make any significant cuts to food stamps or wic or any other of the programs that help.

11 of us are taking this challenge. i'm trying to figure out what i can eat with what amounts to $1.50 for a meal per week. >> have you figured that out? >> it's staggering to think of the families that live on that every day. >> what are you going to eat? >> i'm going to start looking at the coupons in the newspaper and see what i'll find on sale. i'll probably go on some things that i know food stamp recipients in my district eat. things that stretch, rice, beans, pasta, potatoes, things that are filling, although quite frankly, not very healthy. >> i know you're trying to show how difficult it is to live off the food stamps and for the 45 million americans on food stamps, this is their reality every day. to some, though, this may seem like a political stunt. do you think you can actually accomplish something by doing this? >> i certainly think we can.

if nothing more, let people that are unaware, that amounts to one in seven americans, one in seven. and more than half of those people are children. and a significant portion of them are seniors. i need for them to understand that so many of us take for grant the ability to have fresh fruits and vegetables or go out to lunch or dinner, where more than 45 million measures do not. and we just want to be sure that when they start to look at the cuts that are coming from the super-committee or the cuts that are going to come out of the farm bill, that the people who are most in need are not the people who are used to balance the budget. i think that accomplishes a great deal, as well as it brings some really attention to the amount of hunger and poverty in this country, which so many of us tend to ignore. >> as you said, the 11 of you who are taking part, we'll continue to watch and see exactly what might change as a result of it. congresswoman marcia fudge, thank you very much for your time. >> thank you so much. thank you, everyone for watching today.

as always, i would love to hear what you think. you can continue the conversation with me on facebook or on twitter. that will do it for me today. happy halloween, everyone. time now for me to turn it over to martin savidge in atlanta. i'm martin savidge in for brooke baldwin. let's get you caught up rapid fire. here we go. more than 2 million people still without power right now in the northeast all because of that rare october snowstorm that dumped more than two feet of snow in some parts. at least eight people died in the storm. new fears now are that roads and power lines could ice up again overnight. trick-or-treat festivities also postponed in several cities. we'll go live to pennsylvania straight ahead. a nightmare for jetblue passengers stuck on the tarmac for eight hours saturday, the pilot desperately tried to get help. listen to the frustration in his voice. >> my priority right now is a tug and a towbar. just give me a wedding shop, i'll be willing to make one

myself. >> saturday's snowstorm forced the jetblue flight from florida to new jersey to land in connecticut. the air align is apologizing to the passengers. to the big board where the dow is down about 130 points, investors still on the fence whether last week's deal to tackle the debt crisis in europe will work. despite today, october has been the best month in decades. tonight just hours from now, nato will end its mission in libya, seven months after it began. the operation aimed at protecting civilians as moammar gadhafi's regime attacked its own people. gadhafi was killed after being captured near his hometown of sirte nearly two weeks ago. a senior navy officer pleaded guilty to raping two commanders under his command. he was sentenced to ten years in prison but after a plea deal he'll serve just 42 months. wily once commanded the "uss monson." this is something you just don't see every day. >> put your hands out that

window right now! put your hands out the window! turn around, turn around. >> all right. >> ma'am, i didn't -- >> turn around right now. >> that's a miami police officer being arrested at gun point by a state trooper and it gets worse. the officer was arrested in uniform while driving his police cruiser. he was charged with reckless driving after leading the trooper on a seven-minute chase. reportedly he was driving 120 miles an hour at one point. his excuse? he was on the way to his off-duty job at a school. a missouri teenager in the hospital today after she was apparently strangled inside a halloween haunted house. she worked in the creepy world. the co-worker making safety checks found hir caught in a noose that was used as a prop. they say the customers may have walked right past her without realizing she was in trouble. then check out all the zeros on the screen. that number represents how many

people are now living on earth. the united nations chose several babies born today as the symbolic 7 billionth baby, one of them this girl, danica, born in the philippines. it's difficult to know where and which baby was the actual 7 billionth. well, it looks like kim kardashian is calling it quits on her husband number two. the media and marketing savvy starlet was married to nba player kris humphries for just over months. she filed divorce papers today citing irreconcilable differences. a lot more to com cover in the next two houfr hourrs. watch. herman is going to stay herman. >> a bombshell report targeting herman cain, allegations he sexually harassed two women in the '90s. >> they left the organization with five-figure cash payout. >> today the republican and his presidential campaign on damage control. the problems growing, hospitals running out of drugs?

as patients fight for their lives, now president obama stepping in without congress. what this means for your prescriptions. i don't care. take us anywhere. >> that's a pilot begging for help as he and his passengers wait seven hours on the tafr mack. in seven days, voters in mississippi will decide when is a person a person? >> coming down to the wire, i'll speak live with both sides. and it's monday, which means music. brooke's up close and personal with the indigo girls.

nearly 2.5 million people in five states still without power today. it was a very tough storm that knocked them into the dark ages. it's long passed by hit so suddenly and brutally, utility crews are way, way, way behind. these states have declared emergencies, new york, new jersey, massachusetts, and more. the worst news in new england is halloween day, many are putting off trick-or-treating until conditions are more cooperative. we have cnn meteorologist chad myers who's covering the snow. we've seen him braced against the pennsylvania wind. chad, talk about the power outages in the area where you are and talk about the forecast that lies ahead. >> reporter: still 6,000 people here without power. that seems like a little number, except there's only about 50,000 in the county. that gives you an idea of the percentages. where i'm standing there's green grass. marty, i'm not kidding you there

were 10 inches of snow right here 24 hours ago. you say, what happened to it? well, the sun came out. we knew that this was, especially maryland and here, one of the first places to get the snow but also the first place to get the sun. so the sun melted all of this yesterday and now we're doing very good. in fact, traffic is moving great. you look behind me and you can see beautiful fall colors. that's the problem, there are still beautiful fall colors on the trees. if the trees were bare, this entire event would have been a nonstarter, nothing. no event because the snow would have gone through the branches to the ground. the snow landed on those leaves, beautiful leaves, great yesterday but those leaves were bringing down power lines, in fact, many of them. we know at least 6,000 people, some of them, won't get power tonight. there's a priority list. if you can get a couple hundred people up with one power line, do that one first. if you're the only person that gets power with a line, you'll be last. it's not only here.

that goes all the way p up into connecticut, vermont new hampshire and maine. so it will take a while for all of this to clear out. it only took eight hours for the snow to come down, but it may take 96 hours to put all the power lines back up. the snow is gone here, not gone in some spots. i think the people canceling halloween for tonight, not a bad idea. things are still falling from the trees, ice, snow, branches. you don't want kids out there for that, especially with power lines on the ground. candy's not going anywhere. give the kids some of your own candy and then go trick-or-tr t trick-or-treating tomorrow or the next day. whatever the local officials say. >> i think you're right. we forget eight people were killed in this storm. it was a deadly event. as you poent point out, there are other dangers that i presume could still be lurking. >> reporter: you bet. you know, there's carbon monoxide poisoning. had when you turn on your oven and you think you're great, the problem is there's carbon

monoxide coming from the natural gas. you don't notice it with the furnace because the carbon monoxide goes up the chimney. if you're just burning the oven or stove top, the carbon monoxide poisoning. plus, if you have a generator in your garage, some of that carbon monoxide comes in as well. typically, i don't want to go with this one because this may not be p typical, more people die after the storm than during the storm because they're trying to stay warm and heat their house, trying to do things that aren't safe. it's time to find a hotel and stay there the night if you have to or deal with how cold it might be in the house tonight. morning low around 25 in most of these locations, marty. >> chad myers, thanks very much for the update. now let's turn to alexandra steele and talk about how historic this was. i certainly don't remember a storm this early up there. >> well, there hasn't been and certainly this monumental in scope, 30 inches for some.

on a myriad of fronts, this is historic, the earliest snow, most snow, earliest school closing days courtesy snow, record state power outages, connecticut, massachusetts, 700,000, 800,000. in connecticut, though, this record was just in august from hurricane irene, this now usurping that. even record cold temperatures. so this had it on every front. just to give you perspective, 31 inches in new hampshire from this. and this was in and out, right? this was a one-day affair. plainfield,s mass mass, the berkshires getting hit the hardest. west milford, new jersey, mill brook, new york, 17 inches. no snow, no wind no rain anymore, but it is halloween so you're out there with the kids trick-or-treating? the only cav yauf yacht in the forecast, miami to orlando is the only trouble around 7:00, albeit some chilly weather new

york, chicago and atlanta. but dry excise for the most part. but what's ahead now? i want to walk you through the week. what we're going to see from tuesday into wednesday, kind of wednesday the wettest day around the country, green bay to kc, some rain. a front but warm ahead of it, we'll see 70s to atlanta to nashville abdomen nd 60s in new and washington. then the next weather-maker comes in. >> let's hope that storm is not a predictor of winter to come. >> it could be. >> we'll see, thanks. republican presidential candidate herman cain is accused of inappropriate behavior with two female employees in the '90s. he's back today. here is his explanation, hear it in a few minutes. plus, treating cancer, it may soon get a bit easier. it has to do with the white house and drug approvals. and when exactly does a person become a person? at birth or at conception? well, legislation proposed in mississippi could threaten birth control and abortions, details coming up this hour on cnn.

stay with us.

♪ ♪ boy it was grace that brought me liberty ♪ he looked beyond my faults, that's the song herman cain is singing there. that was herman cain just moments ago at the national press club in washington. the song probably not by accident, especially with that title, considering what he's up

against today. it is the kind of story that has sabotaged a lot of political campaigns. surging republican candidate hopeful herman cain strongly denying a report that he sexually harassed two women who once worked for him. less than 24 hours after the first claims surfaced in politico, cain is calling the accusations baseless and false. he spoke about an hour ago at the national press club. >> in all of my over 40 years of business experience running businesses and corporations, i have never sexually harassed anyone. number two, while at the restaurant association, i was accused of sexual harassment. falsely accused, i might add. i was falsely accused of sexual harassment, and when the charges were brought, as the leader of the organization, i recused myself and allowed my general

counsel and my human resource officer to deal with the situation. and it was concluded after a thorough investigation that it had no basis. >> let's bring in our chief political analyst gloria borger to talk about all of this. gloria, he is, of course, denying everything and he also says he knows nothing about any financial settlements to his alleged accusers. so let's begin with the obvious. how damaging could these accusations be for his campaign? >> i think they could prove to be very damage being. i don't think this is the end of the story. what was interesting to me about what you played is that we learned for the first time that herman cain recused himself from any kind of investigation. but then he said that he was told that there was no basis for it, that he had been cleared. but what he said he did not know was about any financial settlement that may have been

given to these women wit. i think you have to ask the question about whether that strains credulity, how do you know if they were paid or, b, if they left the organization. those are two questions that i think journalists are going to continue to ask him. he says it's up to the restaurant association to talk about that, maybe they will if he allows them to. so this story is not ending here. >> no, certainly not. and it's not so much how you get into trouble, it's how you get out of it. i'm wondering how well you think he's handled it so far. >> well, i think better today than yesterday. yesterday his spokesman spoke with somebody on fox news and didn't really directly answer the allegations, called it a media story. today, in fact, mr. cain himself called it a witch hunt, although

he didn't say by whom, whether it was the media he was asked whether it was potentially another campaign that had planted this story. he said, you know, i have a big target on my back. so i think today he did a little better than yesterday, but, again, these stories -- and you know this, martin -- have a way of unraveling and unraveling and unraveling, and so you can't leave unanswered questions out there because geewe're going to continue asking and investigating them. so i think that's a real problem in damage control for the campaign. >> can he overcome this? >> sure. bill clinton overcame monica lewinsky, entirely different story, entirely different circumstance. herman cain is a very likeable candida candidate. our polls show people like him. you just saw him singing before -- he's very appealing and, in a way, if this becomes

known as a media witch hunt, conservatives could rally to herman cain. on the other hand, this is also something, if you're rick perry, you're thinking about, gee, maybe there's a chink in the armor here. maybe this is a way for me to get some of those ermen cain supporters. i think it's very early in this process. we'll have to see how the candidate and the campaign respond to further questions. >> and we will. we will indeed. gloria borger, thanks very much. >> sure. when you're diagnosed with cancer, the last thing you want to think about is the fight to get experimental drugs approved. you just want to get them approved as quickly as possible. right? well, now the white house is fighting to get the process moving along even faster, but would that jeopardize safety? that story is just about two minutes away. then trending today, occupy wall street, we'll have the details about a man who's trying to trademark the phrase "occupy wall street." we'll go live to new york later this hour on cnn.

of. >> pf you. you or a loved one may be depending on lifesaving drugs. just a short time ago, the white house, the president signed an executive order meant to smooth things out and potentially save lives. brianna keilar is standing by for us at the white house, on the lawn there. first we want to turn to our medical correspondent elizabeth cohen. elizabeth, let me ask the obvious, how bad is the probl? >> most of us will not notice this, martin, because it's only 200 drugs. but if you need one of those drugs, you are really going to notice because it's chemotherapy drugs, emergency room drugs. there are people who really need these drugs and there have been deaths. >> so how does it happen? >> you know, it's probably a whole bunch of different ways for this to happen, sometimes there's a shortage of the raw materials, you know, it's not exactly clear. one of the reasons, though, some

people suspect is that some of the drugs that are in short supply are very inexpensive and drug companies have chosen not to make them anymore. >> so it's money. >> part of it is money. so when you look at these numbers you'll see that it's really gotten worse over time. in 2005, 61 drugs were in shortage, in 2010, 178 drugs were in shortage, then in the first half alone of 2011, you have 180 drugs that are in shortage. and what happens is that you then get this gray market for drugs, not extract strictly speaking illegal, but people overcharge. you have a blood pressure drug that used to cost $25 that now or at one point was up to $1,200 because they can get it. >> well, not only is it troubling to see, those numbers are staggering, but also the fact it's getting worse. let's it turn to brianna keilar. what exactly is the president doing about this and what are the politics behind it? >> reporter: you could argue there are politics behind it.

it's certainly part of a message the president is pushing. you've heard him say a lot lately, we can't wait, as he puts out executive orders this one he did today, compelling the fda to deal with this drug shortage. he signed three executive orders last week in addition to this one today, one on jobs last week. but they've been on different things, student loans, housing. we saw one several weeks ago on no child left behind. and the argument that you see the president and the white house putting out is that congress either isn't acting or isn't acting fast enough so he is taking unilateral action. i have to tell you on this particular one with the fda, this is something that democrats and republicans on the hill had been working on for the last several months and it certainly did surprise at least some republicans on the hill. they say, i heard from one source, they had assurances from health and human services department that they would continue to be working on these issues of the fda as recently as last week.

so they were surprised to learn about this executive order. i asked a white house official about that, martin, and said, well thshgs is no substitution for congress acting, but they aren't acting as fast as we want them to. we support some of their of the efforts and they should continue on. >> it's obviously important to many, many people. thanks very much, brianna and elizabeth. have you heard this term? "personhood." it is pat of the abortion debate going on, new legislation proposed in mississippi would give legal rights to all fertilized eggs, even if they aren't implanted into a woman. so what about all of those frozen fertilized eggs? what happens to the morning after pill? we will break down the proposed legislation on both sides of the debate right after this short break.

we're on the verge of what could be a major blow for supporters of abortion rights. a movement that is called "person hood."

in eight days, the voters in mississippi will decide on amendment 26, which would change their constitution to say the following -- the term person or persons shall include every human being from the moment of fertilization, cloning or the functional equivalent thereof, unquote. in essence, a fertilized egg would legally be considered a person. abortion and apparently some form of birth control could be construed as murder, at least that's what opponents say. if amendment 26 passes, what other procedures, situations, medications could be impacted? let's ask personhood usa president keith mason briefly. he joins us now. mr. mason, let me ask you, what was your direct involvement for the sake of total clarity here? did you help write this amendment? >> no, we didn't help write the amendment down there, but it was written by the liberty council and some other attorneys that were there. the basic hope that we could once again restore and reconnect all human beings with the

term -- and right that's come with "personhood". >> the "new york times" reports that one policy analyst predict that's it will pass and if it does pass, what is the aim of the amendment? >> well, i think the aim is very clear. we're saying that, if you're human, you should be considered a person, and that no human being in the state of mississippi should be considered property, which is currently the case. there's discrimination based on age, and with the emerging technologies, we believe it's a must to start acting now to say that humanity and individuality is important enough to protect. >> well, i think one of the points that really is controversial is trying to specifically identify that moment of when a person becomes a person. so let's get into the specifics. if amendment 26 passes, would it be considered illegal, say, for the morning after pill, or couldn't septemberives or medical procedures that could save a woman but not necessarily the fetus?

>> well, we hear all kinds of things, scare tactics that talk about what this law -- what recognizing the personhood of all humans might do. but what we do know is, if we don't recognize the personhood of all human beings, we'll continue to see the destruction of so many every year through abortion, through various ways through the biotechnology field. so there's all these what ifs, but i like to pull it back to what we know what will happen if we don't recognize that all humans are persons. >> but a constitutional amendment is not a what if. this is an absolute. so at some point, can you tell me, would a morning after pill or would any kind of action like that be considered akin to murder, under this kind of law? >> well, i think it's important to make a distinction between certain types of chemicals or drugs that we're looking at. there's certain drugs or things that are called birth control

that cause the death of a unique human individual. that's been upheld by the eighth circuit court of appeals. >> but that's not the point of debate here. what's the point is whether they would be considered illegal under this particular law. >> well, sure. if we're saying all humans have rights, if they're human you have rights and there's a chemical or device that destroys a human being, then, yes, i believe that would be prohib prohibited. but it would be prohibited through enacting legislation and there would be legislative finding that is brought about that says, yes, this in fact does kill a unique human individual or no, it doesn't. so i believe there is that what if question, and what we're simply doing, again, it's simply putting in the constitution that all human beings are persons. so nowhere in the constitution do we bring up the term "egg" in this amendment. nowhere do we say "fertilized egg," for that matter. and fertilized egg is not a

development stage of human being. >> but if all -- i think we all agree that human beings are persons. this is more of a theological question, philosophical. what we're talking about are specific parameters dealing with the medical, the humankind. to say all humans are personalpers personalpersons, who isn't going to vote for that? >> well, yeah, i think it's the opposite of washy washy. it's very straightforward, very concise and simple. you know, if we do believe that all humans are persons, then to be human is enough and we know when new human comes about. so it's very simple. i believe and i am looking forward to a victory in mississippi because it is just that simple. these what ifs are just that, what ifs. >> what do you think the most immediate effect will be in mississippi if it does pass? >> well, i think the most immediate impact that will make

the biggest splash will be that abortion would become unconstitutional in the state and then would start a states' rights argument before the supreme court. the question would become, does the state of mississippi have the right to have greater police power and protect a certain class of people? >> keith mason from personhood u.ssa usa, thank you for coming on. now to the other side, jordan goldberg, the state advocacy council for the center for reproductive rights. as i mentioned, some are reporting that personhood will pass in mississippi. if it does, we want you to list the top three things that would be affected and cause the most impact. >> thank you for having me. i think this would have an enormous impact on a woman's ability to get basic reproductive health care. obviously we would start with, this is intended to ban all forms of abortion. there are no exceptions in this language. so victims of rape, victims of

incest, situations where the woman's life is at stake, where her health is at stake, all of those abortions would be banned. but it would also reach much, much further into basic forms of contraception. 98% of women in this country use a form of contraception. something like over a third are hormonal types of contraception that would probably be banned. furthermore, ivf treatment. >> that's what i wanted to get to, frozen embryos and things like that, what would the impact be? many families rely on this. >> absolutely. many people rely on fertility treatment to start families. i think you can see from the fact that the medical community in mississippi and around the country, particularly in infer materiality doctors have come out opposed to this because this would deter their daily practice. >> what is your organization doing, say, to try to counter amendment 26? >> well, the center for reproductive rights is very hopeful that the voters of mississippi will defeat this dmext week, but the fact is, if it does pass the center will immediately challenge it in court. >> i think most people anticipate that if it does pass

this is very quickly going to go to court and maybe, what, all the way to the supreme court? >> it's possible, although i will say that the supreme court has been very clear on this issue. the supreme court has said that states and individuals cannot define for others when life begins and that the constitution provides privacy rights to individuals, to women, to the ability to decide when and whether to have a child and does not consider fetuses or fertilized eggs to be people. >> and i know we're talking about mississippi, but are there other states that are considering this as well? >> the only time this has ever been considered elsewhere was in the state of colorado, on the ballot twice there. i have to say it was resoundingly defeated. it's not on the ballot anywhere else. there are some fringe movements in some states that would like to put it on the ballot, but at this moment the only state that's considering it is the state of mississippi. >> but if mississippi, say, does pass it, do you think there could be other states that start getting in line? >> i don't think so. i don't see this as a real trend. this is really an outlier. this is an extreme piece of legislation. if you think about all the

different types of care it would impact, contraception, abortion, ivf treatment. if you look at what the medical association in mississippi has said, the common procedures they perform every day in obstetrics and gynecology would be murder under this legislation. i don't think this is something that most people in this country want to see happen. >> well, we will continue to follow the story and especially to see how the vote turns out in mississippi. jordan goldberg, keith mason, thanks to both of you p of. >> republican presidential candidate rick perry gave a, t let's say, an interesting speech in new hampshire this weekend. you've got to hear it because he appears to go completely off the cuff. >> i'm with her, write your checks. gold is good. if you've got any in the backyard because, you know, if they print any more money over there in washington, the gold's going to be good. >> you know, it gets even better after that. it is coming up in about two minutes so stay right herement .

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you may have missed this so, well, we'll bring it to you in just a bit. i guess it's time for america's choice politics update. what we're talking about, of course, is rick perry unscripted. this is perry friday at a little meet and greet in new hampshire after the dinner hour he spoke at a fund-raiser and he got up there and appeared to just wing it. here is rick perry on his flat tax plan.

>> i called it -- everybody'is got a little slogan, right? mine's cut, balance and grow. get that, yeah. cut the size of this government and balance that budget and grow the economy. and it's pretty simple, actually. or you can stay in the old system that's out there and, senator, the ones that want to stay in the old system, pay the lawyers, pay the accountants, all that money, are that! that little plan that i just shared with you doesn't force the granite state to expand your tax footprint, if you know what i mean, like 9% expansion. >> okay. we will have more on that speech coming up a little later. wolf blitzer joins us now live from d.c. wolf, we'll get to see rick

perry at the next cnn debate in november, right? >> november 22nd, a national security debate centering on the national security issues. rick perry has agreed to participate in that cnn debate, also the one november 30th we've scheduled for phoenix, the november 22nd debate here in washington, d.c. he's agreed in fact t throughout the month of november so we're going to see a lot of debates, a lot of these candidates showing off what they want to do as far as their policies are concerned. we'll learn more about the candidates. we'll know where they agree, where they disagree on all of the substantive issues of the day, the domestic economic issues, the bread and butter issues, the economy as well as the national security issues. there really hasn't been a whole lot focused in on national security so we decided, together with the american enterprise institute, the heritage foundation, to co-sponsor a debate here in washington, which will take a very close look at these national security issues and we'll bring all of the republican candidates in.

so rick perry, even though his communications director a week or so suggested he wouldn't be participating in all of the upcoming debates, he will be participating at least in this coming month in november. so i think that's good for the candidates, i think it's good for the american voters out there, having a better chance to size up these respective candidates. >> let me ask you, wolf, real quick about the herman cain women troubles coming forward over the weekend. how significant is this for his campaign? >> you know, it's a problem. i think the biggest problem they have right now is, you know, politico, the web site, came to them, what, some ten days ago and it's taken all this time -- i think one of the early lessons of damage control in the world of politics, if you've got a case to make, you make it quickly, you make it before your adversaries have a chance to jump on it. they had ten days to respond in a dramatic way, the way that herman cain at the national press club responded today. i don't know why it's taken this

campaign this long to respond to all of the allegations that were raised in this politico article. so it hasn't gone away by any means yet. i suspect more will be coming out, but we'll stay on top of it. certainly we'll try to advance the story in "the situation room" later today. >> nice to see you, wolf. thanks very much. occupy wall street is all about fighting against corporate america, right? well, now we've gotten word someone is trying to trademark the phrase "occupy wall street." we go live to new york for the details right after this quick break. ♪ girl started blowing up their credit score ♪ ♪ she bought a pizza party for her whole dorm floor ♪ ♪ hundred pounds of makeup at the makeup store ♪ ♪ and a ticket down to spring break in mexico ♪ ♪ but her folks didn't know 'cause her folks didn't go ♪ ♪ to free-credit-score-dot-com hard times for daddy and mom. ♪ offer applies with enrollment in freecreditscore.com™.

what's "trending," the spirit of occupy wall street decidedly anti-corporate of

course but it was only a matter of time before someone recognized the business side of the protest. not everybody is happy about it. watch this from poppy harlow. >> reporter: you know what those are? they're trademark applications for this movement, occupy wall street. and this guy over here, you see him? he's one of the folks trying to trademark it. >> i made these t-shirts, just a few on the first day, and then i made about 20 on the second day. and then i realized that it's not very healthy to smell the fumes so i decided that i should get in touch with a silk screener. >> reporter: why stratrademark ? >> well, because when with you start to go into a large order, you have to make the large investment, and there's the chance of being sued, the potential did not go through my head that it was something of a potential business thing. >> reporter: amazon is full of merchandise with that slogan, and an ebay search for "occupy wall street" brings up nearly 5,000 results.

and then there's ray agrazone, a self-titled protestor, he's made a few hundred bucks selling t-shirts. >> if it's trademarkable, someone is going to trademark it. why not me? >> reporter: can anyone actually trademark "occupy wall street"? it's not a brand name, at least not yet. >> one would argue on the one hand it's just common words, just descriptive in the common domain. but it does have a little ring to it that may very well pass muster with the trademark office. >> reporter: if you get this trademark, are you going to keep it or are you going to give it to occupy wall street? >> i will give it to whatever legal structure that they organize and they can do what they feel is best for it. >> reporter: down at zuccotti park there's pretty overwhelming sentiment against owning the tradema trademark. >> i think it belongs to the people and it's unnaes necessary

to trademark it. >> it kind of counteracts why we're here. >> reporter: what attracted you to this movement? >> separate money from politics. >> reporter: but robert maresca insists he doesn't want to profit from it and promises to funnel the money back to the movement. just how he plans to do that is another question. how do you think you could get the money that you might make off of this, if you get the trademark, how do you get it back to occupy wall street, if that's your goal? how does that work? >> well, i don't -- i'm not going to say that i had this big giant business plan in my head. all i knew was that i was getting sick off the smell of fumes. >> reporter: you said that you would sell the trademark if you get it to occupy wall street if that's possible for $1. >> forefor $1, yeah. >> cool. sold! >> that's very interesting, poppy harlow joins us. he goes from a man who doesn't like smelling i guess the smell of a magic marker and then moves on to try to trademark "occupy wall street."

if he doesn't want the money, why is he doing this? >> it's a great question. part of why we wanted to talk to him. who knows? if he gets this trademark, he won't know for a few months, it will be up to him what he does. he could legally profit from it. this is a former union steel worker so he tells us he's very aligned with the occupy wall street group, believes in what they're doing. he says he doesn't want to profit from it. part of the reason was he was making the t-shirts, he didn't want to get sued for using the slogan. as he said in the piece, he did have a business thought that this could be a business. but when he really filed for the trademark, he said he wanted to funnel the money back to the movement, support this group. i think it will be difficult to figure out how that would work, would he sell the trademark to the group? can can he do that? would he have to donate the profit from any business he starts through the alliance for global justice, which is the nonprofit in d.c. that is really carrying a lot of this money, a

501c-3. so there's a lot of questions about all of what would go into doing that. but he says his mission is to support this movement with any money that he might make. martin? >> really a fascinating conflict. poppy, thank you very much. some of the best harmony in the music business comes from a band called the indigo girls. this month they're out with a new album, and our own brooke baldwin went behind the scenes at one of their concerts to find out how they've been able to stay together for more than, yes, 25 years and who they'd like to collaborate with, how about a little outka outkast an j. blige? since it's halloween, we're going to give you the top five celebrities voted as the creepiest in america. each year right before the holiday epoll market research puts out a list. rounding out the top five in the same spot as the year before, nadya okay tu mom suleman.

four is spencer pratt. number three actually wasn't listed in 2010 but is back once again, o.j. simpson. think you know who america's top two creepiest celebritys are? you will find out soon enough!

. before the break we gave you three of epoll's most creepy celebrities in america. now we have the top two. number five, nadia octomom

suleman, four, spencer pratt, three, o.j. simpson, two, not really a celebrity, casey anthony, number one creepiest celebrity in american, marilyn manson. the band indigo girls have been making music for 20 years and have played to packed houses all over the world. now they sit down with our own brooke baldwin for this week's "music monday." take a look. ♪ here we sit in a shadier spot ♪ ♪ got what i wanted and i want what i got ♪ >> for people who haven't been indoctrinated in the indigo girls live experience, how do you describe it? >> it's pretty joyful, raucous. a lot of people know the words so there's aa lot of singing along. >> it's just -- there's the

harmony thing, you know? we just have it. ♪ and here is what i've learned about you ♪ >> from the very beginning, i mean, we're just a couple of friends in high school that had something in common. >> we recorded our practices on a little cassette. i still have them, actually. but you can hear how gleeful we are, now he, oh, wow, we can sing together and do this and this. we were very earnest about it and we had teachers who mentored us. we got lucky, honestly. we got really lucky. >> is one of those songs on 1200 curf curfews? one of the cassettes? ♪ it ain't fair you know >> one of the oldies. >> nice. >> that's pretty deep. >> nerdy! ♪ satisfy my silver tongue again ♪ ♪ sing me lullabies

>> but let's talk about this. >> new record. >> it's fantastic. describe it, the sound. >> it's all about the people who played on the record, like the arrangements, the violin, the ban joe, the stand-up bass, the percussion. each one of those players was uniquely gifted and brought his or her, you know, vision to the project. and it's stunning in terms of what they were able to bring to the table. then the songs work together and they're all fun to play. ♪ jonah left for south africa a few years ago ♪ ♪ then you know beth took a job all the way over on the west coast ♪ ♪ me i'm still trying to live half a life on my own ♪ >> i wanted to ask you about this. something i'm fascinated about interviewing different people. different bands come up with the set list like night of . how does that process w